California Law For example, in California, felony convictions can only be expunged if: no time was served in state prison, felony probation was successfully completed, and. you are not currently facing criminal charges, on probation, or serving another sentence.
Applying and Obtaining an Expunction The first step in gaining an expunction is to file a Petition for Expunction with the district court requesting that the court grant an Order for Expunction. A basic form for both the Petition for Expunction and Order for Expunction are included at the end of this pamphlet.
The Seven Year Rule So if you are arrested and the charges are dismissed, the consumer reporting agency is not supposed to report the arrest if the arrest is over seven years old. However, if the arrest results in a conviction (a finding of guilt) then the agency can report the information forever.
Fortunately, being charged with a felony does not necessarily mean you will be convicted. In fact, your charges may be dismissed or dropped before your trial even begins. Judges can dismiss a case either on the motion of the defendant or on their own motion. In most cases, though, the prosecution will drop the charges.
5. Fifth, you must have waited a certain period of time after the court's order of dismissal and discharge to seek an order of nondisclosure. If the offense in question is a felony, you may not file a petition for an order of nondisclosure until the fifth anniversary after your dismissal and discharge.
Texas prohibits you from removing certain criminal convictions from your record. In Texas, felonies eligible for expunction include cases where you were acquitted at trial, the charges were dismissed, you received a pardon, or the State never formally charged you with a crime.
The sentence can be for no more than two years for misdemeanor offenses, and ten years for felony offenses. There is also a prescribed minimum level of five years for offenders placed under deferred adjudication for certain sexual offenses against children.
Absolutely. Texas businesses can and should continue to protect their interests through legally compliant nonsolicitation and nondisclosure agreements. The key is ensuring that these agreements are drafted to meet legal standards for reasonableness and necessity.